Karnataka High Court
Sri. Kevin Rebello vs Sri. Subrahmanya Kothwal on 7 March, 2024
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NC: 2024:KHC:9608
MFA No. 9487 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.9487 OF 2017(MV-I)
BETWEEN:
SRI. KEVIN REBELLO,
S/O. LATE. LOUIS REBELLO,
AGED ABOUT 45 YEARS,
R/O. AVE MARIA VILLA,
NEAR K.F.D.C., GANGOLLI VILLAGE,
KUNDAPURA TALUK - 572 101.
...APPELLANT
(BY SRI. K PRASANNA SHETTY, ADVOCATE)
AND:
1. SRI. SUBRAHMANYA KOTHWAL,
S/O. LATE DEVADAS KOTHWAL,
AGED ABOUT 44 YEARS,
R/O. MAHASATHI NILAYA,
Digitally NEAR MAHAKALI TEMPLE,
signed by KHARVI KERI, GANGOLLI VILLAGE,
SUVARNA T KUNDAPURA TALUK - 572 101.
Location:
HIGH 2. NATIONAL INSURANCE CO., LTD.,
COURT OF BRANCH OFFICE,
KARNATAKA
1ST FLOOR, GANESH MAHAL, MAIN ROAD,
KUNDAPURA, KASBA VILLAGE,
KUNDAPURA TALUK - 572 101.
REP BY ITS
BRANCH MANAGER.
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R2;
V/O 20.11.2023 NOTICE TO R1 IS DISPENSED WITH)
-2-
NC: 2024:KHC:9608
MFA No. 9487 of 2017
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.06.2017 PASSED IN MVC
NO.980/2014 ON THE FILE OF THE ADDITIONAL DISTRICT
JUDGE & ADDITIONAL MACT, UDUPI, (SITTING AT
KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant aggrieved by the
Award passed in M.V.C.No.980/2014, on the file of the
Additional district Judge and Additional MACT at
Kundapura, Udupi District, dated 21.06.2017 seeking
enhancement of the compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.9,00,000/-, on account
of the injuries sustained by the claimant in the accident. It
is the case of the claimant that on 16.04.2014 at about
8.30 a.m., the claimant was proceeding in his motorcycle,
a Tata Ace Goods Vehicle belonging to respondent No.1
and driven by himself in a rash and negligent manner, all
of a sudden without any signal and without observing the
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upcoming vehicles over the main road came and dashed
against the claimant's motorcycle, by which the claimant
sustained grievous injuries on parts of the body. According
to the claimant, he is working as a lathing labour at Agnel
Engineering works and earning an amount of Rs.15,000/-
per month.
3. The Court below on the issue of liability had
held that the accident had taken place because of the rash
and negligent driving of the driver of the offending vehicle.
When it comes to the compensation as per the evidence of
the doctor, claimant had sustained 34% disability to the
limb and the Court below had taken 16% to the whole
body and considered the income at Rs.8,000/- per month
and granted the compensation as per the table given
below:
Sl. Heads Amount
No.
1. Injury, pain and sufferings Rs. 90,000/-
2. Medical expenses Rs. 64,750/-
3. Future medical expenses Rs. 17,000/-
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4. Loss of earning during treatment Rs. 2,660/-
5. Loss of future earning capacity Rs.2,15,040/-
6. Conveyance, nourishment and Rs. 10,000/-
attendant charges
Total Rs.3,99,450/-
4. Learned counsel for the claimant submits that
the compensation granted by the Court below is not just
and reasonable. No amount is granted towards loss of
amenities and the amount that is granted towards loss of
income during the later period is not reasonable. It is
submitted that the claimant is earning an income of
Rs.15,000/- per month, but the Court below had taken
Rs.8,000/- per month as his income. It is also submitted
that on all the heads, the compensation that was awarded
is not just and reasonable.
5. Learned counsel appearing for the respondent
No.2/insurance company submits that when it is the
evidence of the doctor that the claimant had sustained
34% disability to the limb, the Court below had taken 16%
disability to the whole body. It should have taken the
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disability at 11.33% that is 1/3rd of 34%. It is further
submitted that on all other accounts, the Court below has
granted reasonable compensation and no interference is
required by this Court in this regard.
6. Having heard the learned counsel on either
side, perused the material placed on record. First coming
to the income, though it is claimed that the claimant is
earning Rs.15,000/-, no evidence is placed on record in
this regard. This Court taking into consideration the chart
prepared by the Karnataka State Legal Services Authority,
as this is an accident of the year 2014, income is taken at
Rs.8,500/-. Then coming to the disability, as rightly
pointed out by the learned counsel for the insurance
company when the disability to the limb is 34%, the Court
below ought not to have taken 16% as the whole body
disability. Hence, this Court is inclined to take the
disability at 12%.
7. Under the head of loss of income
(8,500X12X14X12/100) claimant is entitled for an amount
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of Rs.1,71,360/-. Under the head of pain and suffering,
medical expenses, future medical expenses, the Court
below had granted the reasonable compensation and no
interference is called for. Then coming to the loss of
income during the later period, in this case, there is an
amputation of leg. Considering the grievous injuries that
he had sustained, this Court is inclined to consider 4
months laid up period (8500X4) Rs.34,000/-. The claimant
was in hospital for 10 days and the Court had granted an
amount of Rs.10,000/- and there is no interference is
required. Then, towards amenities, considering the
disability and particularly, the amputation of the right ring
finger, this Court is granting an amount of Rs.30,000/-.
8. Further in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards 'legal expenses'.
(2014) 11 SCC 178
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9. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Loss of future income 1,71,360/-
8500X12X14X12/100
2. Pain and sufferings : Rs. 90,000/-
3. Medical expenses : Rs. 64,750/-
4. Future medical expenses : Rs. 17,000/-
5. Loss of income during laid up : Rs. 34,000/-
period (8500X4)
6. Conveyance, nourishment and : Rs. 10,000/-
attendant charges
7. Legal expenses : Rs. 10,000/-
8. Loss of amenities : Rs. 30,000/-
Total : Rs. 4,27,110/-
11. Accordingly, the appeal is allowed-in-part,
enhancing the compensation from Rs.3,99,450/- to
Rs.4,27,110/-.
i) The enhanced amount shall carry interest
at 6% p.a. from the date of petition till the
date of realization.
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ii) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of
the judgment. On such deposit, the
claimant is entitled to withdraw the entire
amount without furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court
forthwith without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
BN
